To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

This information is provided by the
Oklahoma Bar Association
1
Q: What kind of qualifications can an employer
require job applicants to have?
A: Although generally employers may establish whatever criteria they want to for hiring employees, it is illegal in most cases for employers to require applicants to be of a certain sex, race, national origin or religion. This is not the case where sex or national origin may be a bona fide occupational qualification for a certain job.
For example, it has been held that in certain circum­stances a hospital may refuse to hire male nurses in its labor and delivery section, or that prisons may hire female guards to search female inmates. However, such bona fide occupational qualifications are few and far between.
Even if the application process does not directly discrimi­nate, there still may be illegal indirect discrimination if an employer has job criteria which impact females or minor­ity groups differently from other groups. For example, if job applicants are required to be of a certain weight or height, that requirement may exclude more female than male applicants. If an employer has such hiring crite­ria, the employer may have to show that the criteria are needed, to a greater or lesser degree, depending on the circumstances, to perform the job in question.
Q: What is age discrimination?
A: Age discrimination is making employment decisions on the basis of an employee’s age. If an applicant or employee is 40 years old or older, the employee is in the protected age group and it is illegal for an employer to refuse to hire, fire, to refuse to promote or to otherwise discriminate against that employee on the basis of age.
Q: What else may constitute illegal employment dis­crimination?
A: The law provides that if you are adversely affected by any decision relating to your employment, including hir­ing, promotion, receipt of benefits, request for transfers, discipline or termination, because of your race, sex, age (40 and over), national origin, religion, or mental or physi­cal disability, your employer has illegally discriminated against you.
Q: What should I do if I believe I have been
discriminated against?
A: Go to your local Equal Employment Opportunity Commission (EEOC) or the Office of Civil Rights Enforcement (OCRE). The OCRE is a division of the Oklahoma Attorney General’s Office. You should file your claim within 180 days if you file with OCRE or within 300 days if you file with EEOC, of the alleged dis­criminatory act. You will be asked to say why you believe you were discriminated against and how other employees, not members of a protected class, were treated differ­ently by your employer. After the agency investigates your claims it will issue a determination. Find more at www.eeoc.gov.
Or, if your claim is under consideration for more than 180 days and no determination is issued, you may re­quest the right to sue in the federal or state court your­self to prove your claims. In claims other than for age discrimination, claimants may seek compensatory and punitive damages, lost backpay, reinstatement or other like remedies. Age discrimination claimants may not seek compensatory or punitive damages, but may be entitled to liquidated damages of up to double the amount of backpay awarded.
Q: Is there such a thing as a complaint for sexual harassment?
A: Yes. The laws which prohibit sex discrimination have been construed as making sexual harassment actionable

This information is provided by the
Oklahoma Bar Association
1
Q: What kind of qualifications can an employer
require job applicants to have?
A: Although generally employers may establish whatever criteria they want to for hiring employees, it is illegal in most cases for employers to require applicants to be of a certain sex, race, national origin or religion. This is not the case where sex or national origin may be a bona fide occupational qualification for a certain job.
For example, it has been held that in certain circum­stances a hospital may refuse to hire male nurses in its labor and delivery section, or that prisons may hire female guards to search female inmates. However, such bona fide occupational qualifications are few and far between.
Even if the application process does not directly discrimi­nate, there still may be illegal indirect discrimination if an employer has job criteria which impact females or minor­ity groups differently from other groups. For example, if job applicants are required to be of a certain weight or height, that requirement may exclude more female than male applicants. If an employer has such hiring crite­ria, the employer may have to show that the criteria are needed, to a greater or lesser degree, depending on the circumstances, to perform the job in question.
Q: What is age discrimination?
A: Age discrimination is making employment decisions on the basis of an employee’s age. If an applicant or employee is 40 years old or older, the employee is in the protected age group and it is illegal for an employer to refuse to hire, fire, to refuse to promote or to otherwise discriminate against that employee on the basis of age.
Q: What else may constitute illegal employment dis­crimination?
A: The law provides that if you are adversely affected by any decision relating to your employment, including hir­ing, promotion, receipt of benefits, request for transfers, discipline or termination, because of your race, sex, age (40 and over), national origin, religion, or mental or physi­cal disability, your employer has illegally discriminated against you.
Q: What should I do if I believe I have been
discriminated against?
A: Go to your local Equal Employment Opportunity Commission (EEOC) or the Office of Civil Rights Enforcement (OCRE). The OCRE is a division of the Oklahoma Attorney General’s Office. You should file your claim within 180 days if you file with OCRE or within 300 days if you file with EEOC, of the alleged dis­criminatory act. You will be asked to say why you believe you were discriminated against and how other employees, not members of a protected class, were treated differ­ently by your employer. After the agency investigates your claims it will issue a determination. Find more at www.eeoc.gov.
Or, if your claim is under consideration for more than 180 days and no determination is issued, you may re­quest the right to sue in the federal or state court your­self to prove your claims. In claims other than for age discrimination, claimants may seek compensatory and punitive damages, lost backpay, reinstatement or other like remedies. Age discrimination claimants may not seek compensatory or punitive damages, but may be entitled to liquidated damages of up to double the amount of backpay awarded.
Q: Is there such a thing as a complaint for sexual harassment?
A: Yes. The laws which prohibit sex discrimination have been construed as making sexual harassment actionable